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burger
rehnquist
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post
james
eastman
smith
assistant
attorney
general
maine
argued
cause
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cohen
attorney
general
robert
edmond
mittel
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curiae
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robert
kelly
allen
warshaw
deputy
attorneys
general
commonwealth
pennsylvania
joined
officials
respective
follows
francis
bellotti
attorney
general
massachusetts
garrick
cole
assistant
attorney
general
john
degnan
attorney
general
new
jersey
andrea
silkowitz
deputy
attorney
general
thomas
rath
attorney
general
new
hampshire
jerome
diamond
attorney
general
vermont
benson
scotch
assistant
attorney
general
dennis
roberts
ii
attorney
general
rhode
island
allen
rubine
deputy
attorney
general
john
foley
eileen
cooney
special
assistant
attorneys
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richard
gebelein
attorney
general
delaware
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solicitor
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curiae
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ennis
american
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bar
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al
justice
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department
human
services
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wyman
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security
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monell
new
york
city
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peacock
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state
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sections
title
title
ix
public
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et
seq
civil
action
proceeding
behalf
america
enforce
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violation
provision
internal
revenue
code
title
vi
civil
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et
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grants
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officials
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new
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services
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pape
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magnitude
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take
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share
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caseload
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blue
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rev
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grounds
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jurisdiction
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added
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claim
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district
retained
power
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claim
even
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claim
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based
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moot
opinion
considered
merits
plaintiffs
argument
new
york
law
comport
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security
act
although
assume
existence
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right
action
enforce
act
opinion
discuss
purport
decide
whether
applies
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claims
rosado
case
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silentio
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claimants
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action
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adequacy
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programs
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security
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observes
many
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act
made
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assumption
ante
necessarily
follow
cases
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cause
action
provided
rather
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security
act
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support
ruling
today
hen
questions
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decisions
sub
silentio
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bound
subsequent
case
finally
brings
jurisdictional
issue
us
hagans
lavine
see
monell
new
york
city
dept
social
services
cranch
rule
applies
even
greater
force
questions
involving
availability
cause
action
question
whether
cause
action
exists
unlike
existence
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jurisdiction
may
assumed
without
decided
burks
lasker
thus
ruling
finds
support
past
cases
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squarely
raised
hagans
lavine
supra
must
approach
question
open
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calling
canvass
relevant
considerations
also
relies
upon
numerous
specific
dicta
prior
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ante
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cases
contains
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proposition
proved
say
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less
example
occasionally
referred
remedy
violations
federally
protected
rights
federal
constitution
statutes
monell
new
york
city
dept
social
services
supra
owen
city
independence
generalized
references
merely
restate
language
statute
shed
light
question
whether
statutory
rights
protected
extent
relevance
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hand
countered
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violations
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case
remaining
decisions
consistent
line
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greenwood
peacock
edelman
jordan
case
asserted
without
discussion
course
disposing
issues
coverage
statutory
rights
extended
beyond
federal
equal
rights
laws
neither
contains
discussion
question
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cites
relevant
authority
always
uncritically
assumed
proposition
greenwood
edelman
said
stand
day
decided
edelman
refused
express
view
question
whether
creates
cause
action
purely
statutory
claims
hagans
lavine
supra
point
reserved
southeastern
community
college
davis
rest
landmark
decision
two
statements
made
dictum
without
critical
examination
extraordinary
case
context
unprecedented
decisions
construing
civil
rights
legislation
reconstruction
era
repudiated
blind
adherence
principle
stare
decisis
greenwood
peacock
supra
justice
frankfurter
observed
issues
raised
concern
basic
problem
american
federalism
significance
approximating
constitutional
dimension
monroe
pape
dissenting
opinion
although
justice
frankfurter
view
prevail
monroe
heeded
consistently
admonition
ordinary
concerns
stare
decisis
apply
less
forcefully
areas
law
monell
new
york
city
dept
social
services
supra
backdrop
justification
reliance
unexamined
dicta
principal
support
major
extension
liability
view
decision
today
significantly
expands
concept
civil
rights
creates
major
new
intrusion
state
sovereignty
federal
system
probative
evidence
congress
intended
authorize
pervasive
judicial
oversight
state
officials
flow
construction
although
today
decision
makes
new
law
consequences
brushes
aside
critical
issues
congressional
intent
national
policy
force
past
decisions
precedent
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appendix
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powell
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joint
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stat
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national
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seq
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plain
meaning
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expect
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secured
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laws
ibid
emphasis
added
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years
later
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enacted
statute
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stat
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fourteenth
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unhappy
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rev
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supra